The actual interest paid by you for using the bank's money cannot be returned. But, if your bank unlawfully included in the contract various hidden commissions that actually increased the real interest rate (for issuing a loan, maintaining a loan account, etc.), you can collect these funds from a credit institution. To do this, you will have to go to court.
It is necessary
- - loan agreement;
- - documents confirming the loan payments made by you for a period of up to three years, and their copies;
- - statement of claim.
Instructions
Step 1
Collect all documents confirming your credit relationship with the bank and all payments made by you on the loan. This is, first of all, your loan agreement, receipts confirming that you have deposited cash at the bank's cash desk (or postal orders, bank transfers from another credit institution, checks from instant payment terminals or third-party organizations through which you made payment - for example, cellular stores communications, etc.).
Step 2
Order a monthly extended loan statement from the bank. This document should contain information about your payments and what and how many of them were withheld by the bank. The procedure for obtaining these documents may vary depending on the specific credit institution. In some, a call to the call center is enough, in others a personal visit to the bank branch is required.
Step 3
If you have any problems with obtaining an extended statement, contact the Bank of Russia (Central Bank). Most Russian credit institutions have their head offices in Moscow, which gives reason to contact the Bank of Russia office in Moscow. You can send an appeal there through the online form on the Bank of Russia website. In other cases, you need to contact the appropriate territorial office by mail. In the appeal, indicate that you requested the required document through the bank, your request was ignored or you were refused, and ask for assistance in obtaining an extended statement.
Step 4
Also contact the territorial department of Rospotrebnadzor at your place of residence or at the location of the bank's head office. This can be done by mail or through the online form on the website of the desired administration. Briefly describe your history of relationship with the bank (when and what credit product you used, how long you have been a client), which commissions you consider unlawful and ask for clarification on actions to defend your rights. Attach a copy of the loan agreement to your request. You are obliged to answer within a month, the service is free, and the information in the letter of Rospotrebnadzor will be useful in drawing up a claim.
Step 5
Make a statement of claim. In it, state under what circumstances you took out a loan, what commissions you consider unlawful and why (which provisions of the Civil Code of the Russian Federation and other regulations contradict the relevant clauses of the loan agreement: the answer of Rospotrebnadzor will help you with this). Calculate the amount that you overpaid and demand for recovery, enter it in the claim and attach the calculation of the amount to it. You also have the right to demand compensation from the bank for moral damage. Include in the claim and calculation also the amount in which you estimate it.
Step 6
Attach the loan agreement, extended statements, and other documents to your claim to prove that you made payments on the loan.
Step 7
Take the statement of claim to court. The law allows you to do this at your place of residence, even if a court at the location of the bank's head office is registered in the loan agreement to resolve disputes. When considering cases on consumer protection, the law allows you to file a claim at the place of residence or residence of the plaintiff, and this provision takes precedence over the contract, which, among other things, this provision infringes on your rights.
Step 8
On the appointed day, appear at the hearing on your case and be ready to argue with the provisions of the current legislation for your position as stated in the claim.
